Requests for name
changes are filed in the Circuit Court. The Family Division of
the Circuit Court for a county may enter an order to change the
name of an individual who has been a resident of the county for
not less than 1 year and who petitions in writing to the court
for that purpose showing a sufficient reason for the proposed
change and that the change is not sought with a fraudulent
intent. If the individual who petitions for a name change
has a criminal record, the individual is presumed to be seeking
a name change with a fraudulent intent. The burden of
proof is on the petitioner who has a criminal record to rebut
the presumption. The court shall set a time and place for
hearing and, order publication as provided by supreme court
rule.An individual who is 22
years of age or older and who petitions to have his or her name
changed shall have 2 complete sets of his or her finger prints
taken at a local police agency. The finger prints, along
with a copy of the petition and the required processing fees,
shall be forwarded to the department of the state police.
The department of state police shall compare those fingerprints
with its records and shall forward a complete set of
fingerprints to the federal bureau of investigation for a
comparison with the records available to that agency. The
department of state police shall report to the court in which
the petition is filed the information contained in the
department's records with respect to any pending charges
against the petitioner or a record of conviction of the
petitioner and shall report to the court similar information
obtained from the federal bureau of investigation. If
there are no pending charges or record of conviction against
the petitioner, the department of state police shall destroy
its copy of the petitioner's fingerprints. The court
shall not act upon the petition for a name change until the
department of state police reports the information required by
this subsection to the court.
The court may permit an individual
having the same name, or similar name to that which the
petitioner proposes to assume, to intervene in the proceeding
for the purpose of showing fraudulent intent. Except if
the petitioner is a minor, the petition shall be signed by the
mother and father jointly; by the surviving parent if one is
deceased; if both parents are deceased, by the guardian of the
minor; or by one of the minor's parents if there is only one legal
parent available to give consent. If either parent has
been declared mentally incompetent, the petition may be signed
by the guardian for that parent. The written consent to
the change of the name of a minor is 14 years of age or older,
signed by the minor in the presence of the court, shall be
filed with the court before an order changing the name of the
minor is entered. If the court consider the child to be
of sufficient age to express a preference, the court shall
consult a minor under 14 years of age as to a change in his or
her name, and the court shall consider the minor's wishes.
If the petitioner is married, the
court, in its order changing the name of the petitioner, may
include the name of the spouse, if the spouse consents, and may
include the names of minor children of the petitioner of whom
the petitioner has legal custody. The written consent to
change the name of a child 14 years of age or older, signed by
the child in the presence of the court, shall be filed with the
court before the court includes that the child in its order.
Except the name of a minor under 14 years of age may not be
changed unless he or she is the natural or adopted child of the
petitioner and unless consent is obtained from the mother and
father jointly, from the surviving parent if 1 is deceased, or
from 1 of the minor's parents if there is only 1 legal parent
available to give consent. If the court considers the
child to be of sufficient age to express a preference, the
court shall consult a minor under 14 years of age as to a
change in his or her name, and the court shall consider the
minor's wishes.
The name of a minor may be changed with
the consent or signature of the custodial parent upon notice to
the non-custodial parent as provided in supreme court rule and
after a hearing when the following circumstances exist:
- The other parent, having the ability
to support or assist in supporting the child, has failed or
neglected to provide regular and substantial support for the
child or, if a support order has been entered, has failed to
substantially comply with the order, for 2 years or more
before the filing of the petition.
- The other parent has had no contact
with the child in the last two years.
- The other parent has been convicted
of a violation of section 136b, 520b, 520c, 520d, 520e or
520g of the Michigan penal code, 1931 PA 328, MCL 750.136b,
750.520b to 750.520e, and 750.520g, and the child or a
sibling of the child is a victim of the crime.
A false statement that is intentionally
included within a petition for a name change constitutes
perjury under section 422 of the Michigan penal code, 1931 PA
328, MCL 750.422.